AAAS Scientific Responsibility, Human Rights and Law Program

View Alerts By > Case | Date | Country | Victim

AAAS Human Rights Action Network

View the digitally signed version of this alert.

FACTS OF THE CASE:

At the end of February 2004, the U.S. government sent warning letters to American scientists who were planning to participate in a scientific conference in Cuba. The letters warned that they risked criminal or civil penalties for breaking the Cuba travel regulations. The conference the scientists were to attend, the Fourth International Symposium on Coma and Death, was on the topic of scientific, medical, and ethical issues related to human death and coma. The conference started on 9 March 2004 without the participation of about 70 American medical school professors, doctors, and scientists.

The U.S. government enforces a travel ban on American citizens traveling to Cuba through the Treasury Department’s Office of Foreign Assets Control (OFAC). Certain categories of travel to Cuba are permitted under OFAC regulations, including scientists who are attending international scientific meetings. The group of scientists booked their tickets to Cuba under provisions of what is known as a general license. General licenses do not need prior government approval. A government authorized travel agent can arrange travel under a general license.

According to the authorized travel agency, Marazul Tours, the government contacted them and requested detailed information about the conference and the travelers. Marazul Tours immediately complied with this request, sending all the information to OFAC by courier. On 4 March 2004, OFAC officials contacted Marazul tours and informed them they would issue a specific license to authorize the travel. However, later that same day, OFAC called Marazul Tours back and said that the State Department decided to deny permission for the travel.

OFAC sent a letter that arrived at the Marazul Tours office on 10 March 2004 that explained the government’s position. The Bush administration determined that the international conference was not organized by an international professional organization, institution, or association as required by OFAC regulations. In its view, the conference was “merely endorsed by the World Federation of Neurology”, which is based in London. In addition, OFAC requested that they would require a copy of each participant’s resume and a statement from each individual explaining the reasons why he or she needed to attend the conference. Given that the conference had already started by the time that the OFAC letter had arrived, there was no time to obtain the requested documentation for each of the 70 scientists.

There have been three previous International Symposia on Coma and Death held in Cuba. Each has been organized in the exact same way as the Fourth Symposium was this year with the same sponsors. American scientists who attended in previous years did not run into any problems with OFAC regulations and participated freely in the conference. Cuba has a vibrant scientific community and has made significant advances in medical and biotechnological research. There are several international scientific conferences held in Cuba each year. OFAC has expressed concern about other scientific conferences scheduled to occur in Cuba and may prevent other scientists from attending future scientific meetings and congresses

In 1998, AAAS published a report entitled "The Right to Travel: The Effect of Travel Restrictions on Scientific Collaboration Between American and Cuban Scientists." The report details restriction on travel to Cuba resulting from the Helms-Burton Act (1996) and their effect on the conduct of science between the two nations. The regulations at that time created burdensome barriers on scientific travel and exchange. Since that time, the regulations have been amended to restore the general travel category to scientists traveling to Cuba to participate in international meetings.

AAAS supports the unfettered exchange of information and the right to travel as expressed in a 1999 Resolution of the Board of Directors, which states, “Progress in science will be impeded if political criteria are used to obstruct the open international discourse of scientists and engineers.”

In addition, the International Council of Scientific Unions statutes state that: “ICSU, as an international nongovernmental body, shall observe and actively uphold the principle of the universality of science. This principle entails freedom of association, expression, information, communication and movement in connection with international scientific activities.”

(Sources of information for this case include: The New York Times and the Chronicle of Higher Education. Information about the AAAS project on The Right to Travel can be found online at: http://shr.aaas.org/rtt)

RELEVANT HUMAN RIGHTS STANDARDS

Universal Declaration of Human Rights

• Article 13(2): Everyone has the right to leave any country, including his [or her] own, and to return to his country.
• Article 20(1): Everyone has the right to freedom of peaceful assembly and association.

RECOMMENDED ACTION:

Please send calls, faxes, letters, or emails:

• Expressing your concern that political criteria may have been used to prevent American scientists from participating in an international scientific conference in Cuba;
• Reminding the government that the free exchange of ideas is one of the most basic values of the scientific enterprise, and the freedom to travel is one of the most important ways of furthering that exchange. In fact, the scientific endeavor is dependent on the freedom of association, expressions, information, communication, and movement; and
• Requesting that the U.S. government allow scientists and academics freedom of movement to travel to Cuba for legitimate scientific activities and conferences as allowed in the OFAC regulations.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

President George W. Bush
President of the United States of America
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500
Fax: 202-456-2461 (FAX) 202-456-1111 (TEL)
president@whitehouse.gov
Salutation: Dear Mr. President

Roger Francisco Noriega
Assistant Secretary, Bureau of Western Hemisphere Affairs
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Fax: TEL: 202-647-5780
Salutation: Dear Assistant Secretary Noriega

COPIES SENT TO:

Office of Foreign Assets Control
Attn: Licensing Division
U.S. Department of the Treasury
Treasury Annex
1500 Pennsylvania Avenue, NW
Washington, DC 20220
Fax: (202) 622-2480
ofac_feedback@do.treas.gov

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

Main | CSFR Letters | Science and Human Rights Program